Media release from the office of Kirk Cox on December 29, 2017
House Republican Leaders Announce Response to Court Filing in HD 94
Virginia House of Delegates Speaker-designee Kirk Cox and House Republican Leadership on Friday announced a court filing in Newport News Circuit Court opposing the motion by Shelly Simonds asking the Court to reconsider the certification of the results in House District 94. Attorneys representing Delegate David Yancey and the House Republican Caucus also sent a letter to the State Board of Elections urging a clear and expeditious resolution in House District 94.
In the court filing, attorneys for Delegate Yancey say:
The Petitioner has raised no new evidence or law to this Recount Court for consideration to suspend or set aside its decision of December 20, 2017. The Motion to Suspend the Recount Court’s Order of December 20, 2017, certifying the election results for the Virginia House of Delegates 94th District as a tie between candidates, Shelly A. Simonds and David E. Yancey, is effectively a restatement of Petitioner’s Motion for Reconsideration on an Expedited Basis. Parties have one, but only one, full and fair opportunity to argue a question of law. The Petitioner had her opportunity and vigorously argued her position. After arguments, the Recount Court deliberated and returned with its decision and certified a recount of 11,608 votes for each candidate, resulting in a tie.
Attorneys representing Delegate Yancey and the House Republican Caucus also sent a letter to the State Board of Elections in which they say:
According to the Va. Code §24.2-674, however, “drawing names” is the only resort. The State Board of Elections is obligated to act, and the delay sought by counsel for Ms. Simonds only circumvents the laws of this Commonwealth and, ultimately, deprives the people of House District 94 their rightful representative in the House of Delegates. The people of Virginia deserve a quick resolution of this proceeding in accordance with the process laid out in the Code of Virginia.
The work of the General Assembly begins on January 10, regardless of the outcome in House District 94. We have a budget to balance, schools to improve, and an opioid crisis to fight (said Speaker-designee Kirk Cox). Democrats have sought to delay and obstruct at every turn. Virginia law lays out a clear process to resolve issues; they’ve ignored that process and sought to litigate their way to victory. Ultimately, their efforts could deny the people of the 94th District their rightful representation in the House. This is a deliberate strategy to make it more difficult for the House to organize smoothly and to improve their negotiating position.
You can read the full letter sent to the State Board of Elections by clicking here, the Memorandum in Support of Objections by clicking here, the Objection to Motion to Reconsider by clicking here, the Objection to Motion to Suspend Order by clicking here.